The UK-Sandeel case
Permanent Court of Arbitration (PCA Case No. 2024-45) marks a significant
milestone as the first ruling under the UK-EU Trade and Cooperation Agreement
(TCA). The dispute arose from the UK and Scottish governments’ decision to
implement a full ban on sandeel fishing within UK territorial waters, aimed at
protecting marine birdlife. The European Union (EU) contested the ban, citing
its disproportionate impact on the fishing industry, particularly in Denmark.
The tribunal’s ruling was mixed, upholding the ban in Scottish waters as
proportionate and based on the best available scientific advice, while finding
the ban in English waters disproportionate. The case highlights the functioning
of the TCA’s dispute resolution mechanism, including the role ofamicus curiae
submissions, and confirms the EU’s willingness to avail itself of ad-hoc
arbitration as a means of resolving high-profile disputes under the TCA. The
question remains open as to whether the case will set a precedent for future EU
challenges to UK environmental regulation post-Brexit. The ruling underscores
the delicate balance between environmental protection and maintaining UK-EU
commercial ties.